What Do You Think? An employee must be performing employment services at the time of injury to have a compensable claim in Arkansas. Is an employee driving to a work conference performing such services? What […]

What Do You Think? It’s probably not much fun investigating sexual harassment at a university, or anywhere else, for that matter. The stress might even trigger mental health challenges -- as it apparently did in […]

What Do You Think? In Illinois, if a “borrowed employee” injures a worker, the borrowing employer's workers' compensation coverage likely applies. If that's the case, then the injured worker can't sue the employee's general (original) […]

What Do You Think? The FMLA allows an eligible employee to take leave to care for a spouse or other family member. Employees that interfere with that right risk retaliation lawsuits. A case involving a […]

Claimants may sometimes exaggerate their injuries during medical examinations. But as one case shows, surveillance videos–especially multiple videos taken prior to and after exams–rarely lie. A maintenance worker for a performing arts center hurt himself […]

What Do You Think? Employers can violate state and federal law if they terminate an employee because the employee is pregnant. But the employee will have to show that the pregnancy was the reason for […]

Employers that hope to terminate an individual’s workers’ compensation benefits based on the employee’s voluntary withdrawal from the workforce need to think carefully before taking that step. Filing a petition to stop benefits could end […]

What Do You Think? Courts generally weigh multiple factors when determining whether an injured employee is unable to return to work for purposes of a PTD award. A Kentucky case involving a hospital nurse illustrates […]